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ARIZONA 
MINING  LAW 


BANCROFT 
LIWAIY 


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BANCROFT 
LIBRARY 

o 

THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 


MINING  El>> 


OF  Tfl* 


ERRITORY  OF  ARIXONA, 


PRESCOTT : 

OFFICE  OF  THE  ARIZONA  MfNKK. 
1864. 


OF  THE  REGISTRY  AND  GOVERNMENT  OF  MINES 
AND  MINERAL  DEPOSITS. 


Be  it  enacted    by  the  Legislative  Assembly  of   the     Territonj 
of  Arizona. 

SECTION  1.  All  mining  rights  on  the  public  lands  of  the 
United  S'ates  as  well  as  rights  acquired  by  discovery  on  the 
lands  of  private  individuals,  are  possessory  in  their  charac- 
ter only,  and  such  possessory  rights  shall  be  limited*  regu- 
lated, and  govern. das  hereinafter  provided. 

TITLE  ONE. 

GENERAL  PROVISIONS  "RELATING  TO  THE  REGISTRY  OF  MINES,  MINING 
RIGHTS,  AND  CONVEYANCES  OF  THE  SAME. 

§  2.  The  Judges  of  the  Probate  Courts  in  their  respec- 
tive Counties  shall  have  jurisdiction  over  the  registry  and 
denouncement  of  all  mines  and  all  mineral  and  auxiliary 
lands,  and  the  disputes  and  questions  of  whatsoever  nature 
between  all  adverse  claimants  to  mines  or  mineral,  and  aux- 
iliary lands,  which  he  shall  hear,  and  determine  in  a  sum- 
mary manner  according  to  the  rules  of  practice  as  prescribed 
for  the  District  Court  in  civil  cases,  and  all  proceedings  and 
records  therein  shall  be  entitled  "  In  the  Probate  Court. — 
Judicature  of  Mines." 

§  3.  The  Clerks  of  the  Probate  Courts  shall  be  ex-officio 
Recorders  of  mines  and  all  mineral  and  auxiliary  lands  in 
their  respective  Counties. 

§  4.  The  County  Commissioners  of  each  County  shall  a  t 
the  expense  of  the  County  provide  a  suitable  office  for  the 
Clerk  of  the  Probate  Court,  at  the  seat  of  justice  of  his 
County,  which  shall  be  called  the  Recorder's  Office,  in  which 

Ff  A 

•  3 


MINING  LAW. 

he  flhall  keep  the  books  and  papers  of  his  office :  they  shall 
also  provide  rooms  and  cases  for  the  preservation  of  miner- 
alogical  specimens  from  each  mine  recorded,  to  be  properly 
numbered,  marked  and  registered  by  him,  with  the  time 
when  and  the  locality  whence  taken,  and  he  shall  also  pre- 
serve in  said  rooms  all  rocks,  fossils,  earths,  minerals,  plants 
and  other  matters  that  may  be  useful  or  interesting  for  sci- 
entific, legal  or  practical  purposes. 

§  5.  He  shall  provide  three  books  of  record,  the  expense 
of  which  shall  be  allowed  by  the  County  Commissioners, 
and  paid  out  of  the  funds  originating  from  the  tax  on  mines, 
which  he  shall  respectively  mark  as  "  Books  of  Mining 
Record,"  "A,"  «  B,"  and  "  C,"  which  shall  be  kept  in  his 
office,  and  open  to  the  inspection  of  the  public  at  all  times. 

§  6.  The  Recorder  of  mines  shall  collect  and  record  in 
Record  Book  A,  all  registrys,  denouncements,  and  claims  of 
mines,  whether  on  public  lands  or  private  grants,  by  indi- 
viduals or  companies,  that  were  made  prior  to  the  passage 
of  this  chapter,  and  make  complete  indices  of  the  same, 
and  keep  them  for  the  inspection  of  the  public. 

§  7.  He  shall  record  all  first  or  preliminary  registrys  and 
denouncements  of  mines,  made  after  the  passage  of  this 
chapter,  in  Record  Book  B,  and  all  second  registrys  after  the 
sinking  of  the  shaft  and  complying  with  the  law  as  here- 
inafter provided,  in  Record  Book  C,  which  shall  be  alike 
kept  for  public  inspection. 

§  8.  The  Recorder  of  mines  shall  keep  a  seal  of  office, 
to  be  provided  by  the  County  Commissioners  of  each  Coun- 
ty, and  affix  the  same  to  all  official  documents. 

§  9.  He  shall  be  allowed  and  receive  from  the  parties 
interested  the  following  fees,  and  when  the  number  of  words 
contained  in  the  papers  to  be  recorded  shall  exceed  one  folio 
he  shall  receive  in  addition  twenty  cents  per  folio :  For 
each  record  of  former  claim  in  Book  A,  $1.  For  each  pre- 
liminary or  first  registry  of  a  mine  or  auxiliary  mining  land, 
in  Book  B,  $1.  For  each  succeeding  claim  on  the  same  de- 
posit, $1.  For  final  record  after  sinking  shaft,  and  certifi- 
cate, in  Book  C,  $2.  For  final  record  of  each  additional 
claim  of  the  same  party  on  the  same  deposit,  in  Book  C,  $1. 
For  recording  each  separate  auxiliary  tract,  $1.'  For  record- 


MINING  LAW. 


ing  articles  of  co-partnership,  $2.50.  For  recording  charters 
of  mining  companies,  $2.  For  recording  notice  required  hy 
section  25-1,  $1.  For  recording  each  conveyance,  $  I.  For 
any  subsequent  copy  of  the  foregoing,  one-half  of  the  ahove 
rates ;  and  for  all  fees  in  litigated  mining  cases  he  shall  re- 
ceive the  same  compensation  as  is  allowed  to  Clerks  of  the 
District  Courts  in  civil  cases  for  like  services,  and  for  all  ser- 
vices and  fees  not  provided  for  in  this  chapter  his  fees  shall 
be  fixed  by  the  Judge  of  Probate. 

§  10.  The  charters  of  all  mining  companies  and  their 
officers,  where  they  keep  their  office,  and  where  their  mines 
are  situated,  with  a  description  of  their  machinery^  and  a 
list  of  their  property,  shall  be  furnished  by  them,  and  re- 
corded m  Record  Book  C  of  the  Recorder,  and  they  may 
procure  certificates  thereof,  that  shall  at  all  times  be  good 
evidence  in  all  courts  of  justice. 

§  II.  The  co-partnership  agreements  of  all  mining  part- 
ners shall  be  recorded  in  the  same  manner  and  certificates 
thereof  shall  have  the  like  effect,  and  the  company  or  co- 
partnership failing  to  furnish  the  charter  or  agreement  re- 
quired to  be  recorded  by  this  chapter,  after  due  notice  by  the 
Recorder,  shall  be  deemed  to  stand  in  contempt  of  the  law, 
and  punished  by  the  Probate  Judge  by  fine  in  his  discretion 
not  to  exceed  one  hundred  dollars. 

§  12.  All  mining  claims  shall  be  registered  in  the  real 
names  of  the  parties,  and  by  persons  legally  authorized  to- 
make  such  registry  either  in  person  or  by  power  of  attorney, 
to  be  exhibited  to  and  filed  and  recorded  with  the  Recorder  of 
mines,  or  with  the  Recorder  of  the  mining  district  as  here- 
inafter provided,  and  no  claims  shall  be  registered  in  the 
names  of  fictitious  persons,  and  any  person  violating  the 
provisions  of  this  section  shall  forfeit  all  right  arid  interest 
in  the  claim  so  registered,  and  the  same  shall  be  subject  to 
registry  and  denouncement  by  another,  on  the  same  terms 
as  newly  discovered  veins. 

§  13.  The  property  of  all  mines  and  mineral  lands  in 
descents  and  conveyances  of  property  to  heirs  shall  be  con- 
sidered and  regarded  as  real  estate. 

§  14.  All  sales  of  mining  claims  or  mineral  lands,  or  any 
interest  in  the  same,  shall  be  registered  with  the  Recorder, 


4  MINING  LAW. 

by  deed  to  be  executed  as  provided  for  conveyances  of  real 
estate,  and  in  a  book  to  be  kept  by  bim  for  that  purpose, 
within  three  months  from  the  date  of  the  sale  of  the  same, 
or  shall  be  declared  forfeited  and  subject  to  denouncement 
and  registry  by  another ;  aiad  such  conveyances  when  so 
registered  shall  be  subject  to  the  same  rules  which  govern 
conveyances  of  real  estate,  and  shall  have  the  same  effect  in 
the  courts. 


TITLE  TWO. 

EXTENT  OF  MINING   RIGHTS,    AND  MODE  OF  ACQUIRING  AND  RETAINING 

TITLES    THERETO. 

§  15.  Every  mining  claim  or  pertenencia  is  declared  to 
consist  of  a> superficial  area  of  two  hundred  yards  square,  to 
be  measured  so  as  to  include  the  principal  vein  or  mineral 
deposits,  always  having  reference  to  and  following  the  dip 
of  the  vein  so  far  as  it  can  or  may  be  worked,  with  all  the 
earth  and  mineral  therein.  But  any  mining  district  organized 
in  accordance  with  the  provisions  of  this  chapter,  may  pre- 
scribe the  dimensions  of  said  mining  claim  or  pertenencia  for 
such  district,  provided  that  in  no  case  the  dimensions  so  pre- 
scribed shall  exceed  the  number  of  yards  allowed  by  this  sec- 
tion, and  further  provided,  that  no  such  mining  district  shall 
diminish  the  extent  of  the  Territorial  claim  to  one  pertenencia 
as  defined  in  this  section. 

§  16.  Any  person  discovering  or  opening  a  vein  or  other 
mineral  deposit  in  this  Territory,  not  actually  worked  or  legally 
owned  by  other  parties,  or  registered  in  accordance  with  this 
chapter,  shall  by  properly  denouncing  and  registering  the  same 
be  entitled  to  claim  and  hold  a  possessory  right  to  a  tract  of 
land  to  the  extent  of  two  mining  claims  or  pertenencias  includ- 
ing the  said  vein  or  mineral  deposit,  and  conforming  as  nearly 
as  possible  to  the  general  direction  thereof,  each  to  be  meas- 
ured two  hundred  yards  long  by  two  hundred  yards  wide,  the 
direction  of  the  lines  to  be  determined  by  the  person  claiming. 

§  17.  If  two  or  more  persons  are  associated,  and  have 
formed  a  company  for  the  exploration  and  working  of  mines, 
and  one  or  several  shall  make  discoveries  of  mineral  deposits  in 
consequence  thereof,  said  company  so  engaged  in  exploration 


MINING  LAW. 

shall  be  entitled  to  denounce  and  register  one  discovery  claim 
only  upon  each  lode. 

§  18.  It  shall  be  lawful  for  the  claimants  of  a  mine  or  min- 
eral lands  to  locate  and  take  possession  of  public  lands  for  a 
mill  site  and  other  necessary  works  connected  therewith,  which 
shall  not  exceed  one  quarter  section,  containing  a  stream  or 
other  water  suitable  for  the  purpose.  They  shall  have  a  right 
to  place  a  dam  or  other  obstructions  on  such  stream,  and  to 
divert  its  waters  for  the  above  uses  and  purposes.  They  shall 
within  the  time  and  in  the  manner  prescribed  in  this  chapter 
for  the  registration  and  denouncement  of  mines,  proceed  to  de- 
nounce and  register  the  sam.3  with  the  Clerk  of  the  Probate 
( 'ourt,  and  they  shall  be  known  as  auxiliary  lands.  And  if 
within  three  years  from  the  day  their  notice  of  claim  is  so  re- 
corded, they  shall  expend  in  fitting  the  same  for  a  mill,  or  in 
placing  a  mill  or  reduction  works  thereon,  the  sum  of  one 
hundred  dollars,  they  may  cause  the  record  of  such  work  to 
be  made,  anl  proceedings  for  confirming  their  title  to  be  insti- 
tuted as  provided  in  section  29  of  this  chapter,  with  like  effect, 
and  receive  a  certificate  of  title  as  therein  provided,  conform- 
ing as  nearly  as  they  can  to  the  requirements  of  that  section. 
Instead  of  the  work  required  by  section  32  of  this  chapter 
they  shall  use  the  machinery  or  other  works  erected  upon  said 
land  for  mining  purposes  at  least  thirty  days  in  each  year. 
Such  claims  shall  be  subject  to  all  the  provisions  of  this  chap- 
ter which  are  applicable  to  mining  rights,  and  may  be  aban- 
doned and  re-located.  All  rights  to  auxiliary  lands  acquired 
under  the  laws  of  any  mining  district  before  this  act  takes  ef- 
fect shall  be  valid,  and  the  owners  of  the  same,  upon  comply- 
ing with  the  provisions  of  this  section  may  take  the  like  pro- 
ceedings to  confirm  their  titles  with  a  like  effect. 

§  19.     It  shall  be  the  duty  of  all  claimants  of  mining  claims, 

mineral  lands  and  auxiliary  tracts,  to  at  once  define  the  extent 

j*»ui  boundary  of  them  as  nearly  as  possible,  by  good  substan- 

:uneuts  or  other  conspicuous  marks,  in  the  presence 

Recorder  of  the  mining  district,  or  of  some  witness 

,-hall  prove  to  the  satisfaction  of  the  Recorder  that  the 

same  has  been  done,  and  to  post  up  a  public  notice  of  their 

claim.  ;it  the  opening  of  the  principal  vein,  and  to  have  them 

properly  registered  a<  d  recorded  within  three  months  from  the 

time  of  first  claiming  them  at  the  office  of  the  mining  district 


G  MINING  LAW. 

Recorder  according  to  the  provisions  of  this  chapter.  Such 
record  shall  give  a  faithful  description  of  the  veins,  mineral 
deposits,  and  tracts  of  lands,  the  character  and  bearing  of  the 
veins  or  deposits  and  their  connection  with  natural  monu- 
ments or  conspicuous  objects  in  the  vicinity. 

§  20.  No  person  shall  change  his  original  monuments  or 
boundaries  of  mineral  or  other  lands,  but  if  a  subsequent  in- 
vestigation makes  this  convenient  or  necessary,  and  it  can  be 
done  without  prejudice  to  other  parties,  then  such  change 
shall  take  place  by  the  sanction  of  the  Judge  of  the  Probate 
Court,  provided  they  are  properly  recorded  and  the  new  boun- 
daries and  monuments  fixed  at  once  when  the  original  ones 
are  removed. 

§  21.  All  minerals,  woods,  waters,  earths  and  vegetation 
found  within  the  boundaries  of  any  tract  of  land  registered 
and  claipied  for  mining  shall  be  exclusively  used  by  him  or 
them  who  are  legally  entitled  to  the  possession  of  the  land 
wherein  or  whereon  they  are  situated  so  long  as  they  are  used 
for  mining  purposes  only,  provided  that  no  one  shall  have  the 
right  to  prevent  transient  persons  from  using  the  waters  along 
the  public  highways,  where  they  were  provided  by  nature  in 
natural  tanks,  springs,  streams,  or  otherwise,  nor  from  making 
such  equitable  disposition  of  the  waters  as  the  Legislature 
shall  prescribe. 

§  22.  No  person  shall  have  the  right  to  impede  or  incon- 
venience travelling  by  fencing  up  the  public  roads,  filling  them 
up  with  rubbish  or  undermining  them  so  as  to  endanger  their 
safety,  neither  shall  any  one  change  their  established  direction 
without  sanction  of  the  proper  authorities. 

§  23.  Whenever  two  or  more  persons  or  parties  explore 
and  prospect  one  and  the  same  vein,  and  at  or  about  the  same 
time  but  at  different  places,  and  without 'knowledge  of  each  oth- 
er, then  he  or  they  who  shall  prove  first  occupancy  shall  have 
the  right  of  first  location,  taking  the  principal  point  of  exca- 
vation as  the  centre  of  their  claim  or  claims  on  each  side 
along  the  general  direction  of  such  vein  or  deposit.  The  oth- 
er parties  shall  proceed  by  the  same  laws  after  the  others 
have  fixed  their  boundaries.  Should  there  be  left  vacant 
ground  between  the  different  parties  then  it  shall  be  at  the 
option  of  the  first  discoverers  so  to  change  their  boundaries  a£ 
shall  best  suit  them,  and  have  them  recorded  accordingly. 


MINING  LAW. 


Any  other  parties  shall  locate  in  the  order  of  the  time  of  their 
arrival  on  the  vein  or  mineral  deposit. 

§  24.  Whenever  two  or  more  parties  shall  select  the  same 
mine  or  mineral  deposit  for  exploration,  and  the  parties  first 
on  the  ground,  knowing  the  other  parties  to  be  at  work,  shall 
fail  to  give  warning,  either  verbally  or  in  writing,  of  their  pri- 
ority claim  on  such  vein  or  deposit,  then  that  portion  of  the 
mine  situated  between  the  main  excavations  of  the  two  par- 
ties shall  be  equally  divided  between  them,  irrespective  of  the 
number  of  members  each  company  may  have ;  Provided,  That 
the  intervening  portions  shall  not  exceed  the  quantity  of  land 
allowed  by  the  provisions  of  this  chapter. 

§  25.  The  laws  and  proceedings  of  all  mining  districts  es- 
tablished in  this  Territory  for  the  denouncement,  registration, 
and  regulation  of  mines,  mining  claims,  mineral  lands  and 
auxiliary  lands,  prior  to  the  day  this  act  takes  effect,  are  here- 
by legalized  and  declared  to  be  as  valid  and  binding  in  all 
courts  of  law,  as  if  enacted  by  this  Legislative  Assembly,  to 
the  extent  and  under  the  conditions  and  restrictions  herein 
contained. 

I.  All  rights,  claims  and  titles  to  any  veins,  mineral  lands, 
or  mineral  deposits,  and  auxiliary  lands,  acquired  before  this 
act  takes  effect,  under,  by  virtue  of,  and  in  conformity  to  the 
laws  of  said  mining  districts,  are  hereby  declared  to  be  valid 
and  legal,  and  shall  be  respected  and  enforced  in  all  courts  of 
this  Territory,  when  sustained  by  the  evidence  herein  provided; 
but  no  amount  of  work  done  thereon  shall  be  construed  to  give 
a  perpetual  title  thereto,  but  shall  give  such  title  only  and 
such  rights  and  privileges  as  is  provided  in  section  29  of  this 
chapter;  and  no  person  who  was  at  the  time  of  the  location 
of  his  claim  an  inhabitant  of  this  Territory  shall  forfeit  his 
claim  because  he  was  not  a  resident  also  of  the  mining  district 
in  which  hig  said  claim  was  located.  And  no  such  right, 
claim  or  title  shall  be  considered  as  abandoned  provided  the 
claimants  shall  within  six  months  from  the  day  this  act  takes 
effect  file  with  the  Clerk  of  the  Probate  Court  of  the  County 
in  which  his  claim  is  situated  a  brief  description  of  the  same, 
giving  the  name  of  the  district  in  which  the  lode  is  situated, 
and  of  the  lode  or  lodes,  and  the  extent  of  his  claim  thereon, 
with  a  declaration  that  he  intends  to  retain  and  work  the  same 


8  MINING-  LAW. 

according  to  law,  unless  such  claim  has  been  forfeited,  and 
subject  to  re-location  under  the  laws  of  such^mhung»fcdistrict 
before  this  act  takes  effect. 

II,  All  records  and  all  papers  required  by  the  laws  of  said 
mining  districts  to  be  deposited  with  the  Recorders  of  said 
districts  for  record  shall  be  received  as  evidence  of  their  con- 
tents in  all  courts  of  this  Territory,  and  shall  not  be  rejected 
for  any  defects  in  their  form,  when  their  contents  may  be  un- 
derstood, but  shall  be  valid  to  the  extent  provided  by  said 
mining  laws,  except   a*    hereinbefore  restricted;    Provided, 
That  such  records  and  papers  are  deposited  with  or  recorded  by 
the  Clerk  of  the  Probate  Court  of  the  County  in  which  said 
mining  district  is  located,  and  within  three  months  from  the 
time  this  act  takes  effect ;  and  if  said  records  or  papers]  are 
lost  or  mutilated,  or  if  such  Recorder  of  a  mining  district  shall 
neglect  or  refuse  to  deposit  the  same  as  aforesaid,  an  affidavit 
of  their  contents  made  by  any  person  interested  therein,  or 
certified  or  sworn  copies  thereof  may  be^so  recorded,  and  shall 
have  the  like  effect. 

III.  All  conveyances  of  mines,  mining  rights/  mineraFand 
auxiliary  lands  made  prior  to  the  time  this  act  takes  effect, 
shall  be  valid  and  binding  to  pass  the  title  of  the  grantor 
thereof,  although  defective  in  form  and  execution,  if  their 
contents  can  be  understood,  and  as  such  shall  be  received  and 
regarded  in  all  courts  of  this  Territory ;  Provided,  That  such 
conveyances  shall  be  deposited  with  or  recorded  by  the  Clerk 
of  the  Probate  Court  of  the  County  where  said  mines  are  sit- 
uated, within  three  months  from  the  time  this  act  takes  effect, 
and  if  lost  or  mutilated,  copies  or  affidavits  of  their  contents, 
executed  as  aforesaid,  may  be  recorded  as  provided  above. 

§  26.  Every  Recorder,  Register,  Clerk,  or  other  recording 
officer,  of  every  such  mining  district,  or  who  has  at  any  time 
;icted  as  such  recording  officer,  within  three  months  after  this 
act  takes  effect,  shall  deposit  with  the  Clerk  of  the  Probate 
Court  of  the  County  in  which  said  district  or  greater  part 
thereof  is  situated,  all  records  which  he  has  so  kept,  and  all 
papers  deposited  in  his  hands  for  record,  and  papers  so  made 
or  deposited  with  Ms  predecessors  in  said  office,  which  are  in 
his  hands  as  aforesaid,  or  he  shall  so  deposit  certified  copies  of 
the  same.  And  such  records  and  other  papers  shall  besrecurely 


MINING  LAW. 

kept  by  such  Clerk  open  in  office  hours  to  public  inspection . 
and  copies  of  the  same  duly  certified  by  him  shall  bo  re- 
ceived in  all  courts  of  justice,  and  have  the  same  effect  as 
the  originals.  And  any  such  Recorder,  Register,  or  other 
recording  officer  of  each  mining  district  who  shall  neglect  or 
refuse  to  comply  with  the  provisions  of  this  section  shall  be 
liable  in  damages  to  the  party  injured  thereby,  and  shall  be 
liable  to  be  punished  by  the  judge  of  Probate  of  the  County 
in  which  said  mining  district,  or  the  greater  part  thereof,  is 
situated,  for  contempt,  by  fine  not  exceeding  five  thousand 
dollars  and  imprisoned  not  more  than  one  year, 
and  shall  be  incapable  of  holding  any  such  office  and  mining 
claim. 

§  27.  Mining  districts  now  existing  may  be  continued  or 
new  mining  districts  may  be  established  in  the  manner  and 
for  the  purposes  hereinafter  provided. 

I.  The  Recorder  of  every  mining  district  now  existing 
shall  at  the  same  time  that  he  deposits  the  records  of  said 
districts,  with  the  Clerk  of  the  Probate  Court,  as  the  lasr, 
preceding  section  requires,  take  an  oath  before  the  Judge  of 
said  Court  that  he  will  faithfully  perform  the  duties  of  his 
office  until  another  Recorder  shall  be  elected  and  qualified  in 
his  place,  which  oath  shall  be  recorded  by  the  Clerk  of  the 
Probate  Court.  He  shall  record  iu  a  book  to  be  kept  by  him 
for  that  purpose  all  notices  of  claims  or  rights  to  veins,  min- 
eral deposits,  mineral  lands,  and  auxiliary  lands,  which  may 
be  left  with  him  to  be  recorded,  and  shall  note  on  all  papers 
which  may  be  received  by  him  to  be  recorded,  the  time  when 
they  were  so  received  by  him,  and  they  shall  be  considered 
as  recorded  from  that  time.  He  shall  when  requested  by  any 
such  claimant  go  with  him  to  his  claim  and  see  that  the  same 
is  measured  by  metes  and  bounds,  and  marked  by  substan- 
tial monuments  on  the  surface  of  the  earth,  and  shall  make 
a  record  of  the  same,  and  of  the  time  when  it  was  don;> 
and  certify  it  to  be  correct,  or  shall  make  a  record  and  certi- 
ficate of  the  same  on  the  evidence  of  a  credible  witness,  who 
was  present  when  the  same  was  done,  and  is  cognizant  <n* 
the  facts,  and  whose  name  shall  be  entered  on  the  record. 
He  shall,  when  requested  by  any  such  claimant,  go  with  him 
to  his  claim,  and  examine  any  shaft  that  may  be  sunk  by 


10  MINING  LAW. 

him,  or  tunnels  that  may  be  opened  to  the  same,  and  make 
measurements  of  the  same,  and  a  record  and  certificate  as 
aforesaid ;  and  he  shall  in  like  manner  examine,  measure  or 
estimate,  and  make  and  record  a  certificate  of  any  work 
which  is  required  by  law  to  be  done  by  a  claimant.  And 
the  said  recording  officer  shall  quarterly  file  with  the  Clerk 
of  the  Probate  Court  of  the  County  in  which  said  district  is 
located  a  copy  by  him  certified  of  all  records  made  by  him  for 
the  three  months  last  preceding,  which  shall  be  duly  recorded 
by  said  Clerk,  and  a  copy  of  said  record  duly  certified  by 
him  shall  be  evidence  of  its  contents  in  all  courts  of  this  Ter- 
ritory. And  such  recording  officer  shall  be  liable  to  all  the 
penalties  provided  in  the  preceding  section,  if  he  shall  neg- 
lect or  refuse  to  perform  any  of  the  acts  and  duties  required 
of  him  by  this  section,  but  shall  not  be  required  to  perform 
any  such  service  until  his  fees  for  the  same,  to  be  fixed  by  the 
mining  districts,  are  paid  him,  if  he  requests  it.  And  if  any 
paper  deposited  with  him  for  record  is  required  to  be  recorded 
by  the  Clerk  of  the  Probate  Court,  he  shall  at  the  time  said 
paper  is  so  deposited  with  him,  take  and  receive  the  fee  fixed 
by  law  for  recording  such  paper  by  said  Clerk,  and  pay  the 
said  Clerk  said  fee  when  he  deposits  said  paper  with  him  to 
be  recorded  as  aforesaid.  All  such  mining  districts  may  make 
laws  not  inconsistent  with  the  laws  of  the  Territory,  may 
elect  officers  for  the  government  of  such  districts,  and  fix 
their  compensation,  but  all  such  acts  and  proceedings  shall  be 
recorded,  and  all  records  and  papers  thereof  filed  with  the 
Clerk  of  the  Probate  Court  as  aforesaid. 

II.  Any  number  of  persons  not  less  than  twelve,  owning 
mining  claims  in  any  mining  district,  or  in  any  contiguous 
mining  districts,  or  who  have  discovered  and  may  wish  to 
denounce  a  mine  or  mineral  lands,  not  within  the  limits  of 
any  established  mining  district,  may  proceed  to  make  a  new 
mining  district  at  a  meeting  of  persons  holding  claims  in 
such  district  so  to  be  established,  and  of  claimants  in  any 
districts  to  be  divided  or  to  be  included  therein.  They  shall 
cause  a  notice  in  writing,  and  specifying  the  limits  of  said 
contemplated  district,  signed  by  them,  to  be  posted  in  three 
conspicuous  places  in  said  district,  and  if  any  part  of  an  es- 
tablished district  is  to  be  included  therein  b}  leaving  a  copy 


MINING  LAW. 

of  said  notice  with  the  Recorder  of  said  district  at  least  tei* 
days  before  the  day  of  said  meeting.  At  said  meeting  all 
persons  holding  claims  as  aforesaid  may  vote  and  may  de- 
termine by  a  majority  vote  of  those  present  whether  said 
new  district  shall  be  established  and  its  limits,  but  within 
the  boundaries  named  in  the  notice  for  said  meeting,  and 
thereupon  the  persons  holding  claims  in  such  newly  estab- 
lished district  shall  proceed  to  select  a  name,  and  make  laws 
therefor,  and  elect  a  Recorder,  who  shall  be  qualified  as 
aforesaid,  v/ho  shall  perform  all  the  duties  and  be  subject  to 
all  the  liabilities  provided  in  this  chapter  for  such  officers, 
and  shall  file  with  the  Clerk  of  the  Probate  Court  as  afore- 
said a  record  of  the  proceedings  of  this  and  all  subsequent 
meetings  at  the  time  and  in  the  manmer  herein  provided. 

§  28.  It  shall  be  the  duty  of  all  claimants  of  mineral 
tracts  to  sink  at  least  one  shaft  of  thirty  feet  in  depth  or  to 
run  a  tunnel  of  fifty  feet  in  length,  in  the'Jbody  of  the  vein 
or  in  the  adjoining  rock,  so  as  to  test  tke  vein  from  the  sur- 
face, for  the  purpose  of  ascertaining  the  character  and  ca- 
pacity of  such  mineral  deposit,  within  the  space  of  one  year 
from  the  day  of  first  taking  possession  thereof,  and  they  shall 
notify  the  Recorder  of  the  mining  district  that  said  shaft  or 
other  work  is  completed,  and  that  they  intend  working  the 
vein  or  mineral  deposit.  And  the  Recorder  shall  examine 
said  work  in  person,  and  make  and  record  a  certificate  of  the 
result'of  such  examination,  which  shall  contain  a  statement 
of  the  condition  and  quality  of  the  vein  or  mineral  deposit, 
the  amount  of  labor  performed,  and  a  general  view  of  the 
results  obtained.  Said  report  shall  be  accompanied  by  three 
specimens  taken  from  different  parts  of  the  work,  which 
said  specimens,  with  a  copy  of  the  record  so  made  by  him 
shall  be  filed  by  him  within  the  time  required  by  this  act  in 
the  office  of  the  Clerk  of  the  Probate  Court.  And  said 
Clerk  shall  make  a  record  of  the  same.  Such  specimens 
shaJl  be  numbered  and  described  by  him,  and  be  preserved 
for  the  use  of  the  mineralogical  professorship  of  the  Univer- 
sity of  Arizona. 

§  29.  The  Judge  of  the  Probate  Court  at  anytime  within 
thirty  days  after  the  record  made  by  the  Clerk  of  said  Court 
as  provided  in  the  preceding  section,  upon  complaint  in  writ- 


12  MINING  LAW. 

ing  made  to  him  bj  such  claimants,  describing  fully  their 
claims,  stating  the  labor  performed  by  them,  and  the  certifi- 
cate thereof,  and  that  the  registration  of  the  same  has  been 
made  as  required  by  law,  and  requesting  that  their  title 
thereto  may  be  confirmed,  shall  cause  a  summons,  under  the 
•seal  of  his  court,  to  be  issued,  requiring  all  persons  inter- 
ested to  appear  at  a  day  named  therein  and  which  shall  not 
be  less  than  sixty  days  from  the  day  the  same  was  issued, 
and  show  cause  why  the  title  of  such  complainants  and  claim- 
ants should  not  be  confirmed,  a  copy  of  which  complaint  and 
summons,  duly  attested  by  the  Clerk  of  the  Probate  Court, 
shall  be  published  twice  in  the  Territorial  newspaper,  and 
be  kept  posted  in  the  office  of  said  Clerk  from  the  day  of  is- 
suing the  same  to  the  return  day  thereof;  and  if  no  person 
shall  appear  on  such  return  day  to  contest  the  right  of  the 
-claimants  to  such  claims  the  Judge  of  Probate  shall  examine 
all  the  records  filed  in  the  office  of  his  Clerk  relating  to  such 
claims,  and  if  he  finds  that  the  said  claimants  have  in  all  re- 
spects complied  with  the  provisions  oi  this  chapter,  he  shall 
make  a  decree  in  substance  that  the  complainants  having 
complied  with  the  laws  of  this  Territory  relating  to  the  de- 
nouncement and  registration  of  mines  have  acquired  a  perfect 
title  to  their  claims  (describing  the  same,)  until  the  1st  day 
of  January,  A.  D.  1868,  and  forever  after  unless  abandoned 
by^them.  And  the  said  Clerk  shall  give  the  said  claimant  a 
copy  of  such  decree,  under  the  seal  of  the  court,  which  shall 
be  conclusive  evidence  of  title  in  any  proceedings  relating  to 
such  claims,  until  they  are  abandoned.  And  unless  the  per- 
sons adversely  interested,  and  contesting  the  title  of  the  com- 
plainants, shall  appear  on  the  day  named  in  said  complaint 
and  proceed  as  hereinafter  provided,  they  shall  be  forever 
barred  from  contesting  the  title  of  said  complainants  t©  such 
claims.  And  if  the  contestants  shall  so  appear  they  shall 
on  that  day  or  some  day  to  be  fixed  by  said  Judge  proceed 
to  file  an  answer,  setting  forth  their  claim  and  case,  and  the 
proceedings  shall  then  be  conducted  in  conformity  to  the  pro- 
visions of  this  chapter  and  the  code  of  civil  practice.  And 
whenever  a  final  decree  is  made^  thereon,  determining 
the  title  to  said  claim  or  mine,  by  said  Judge,  or  by  any  oth- 
er court  on  appeal,  the  said  Judge  shall  cause  a  record  to  be 


MINING  LAW. 

&kade  in  the  office  of  his  Clerk  of  such  decree,  and  a  certified 
£opy  thereof  may  be  made  as  aforesaid,  with  the  like  effect. 
And  any  claimants  of  mineral  lands  who  before  this  act 
takes  effect  have  in  any  way,  or  under  any  law,  acquired  a  ti- 
tle to  such  mineral  lands,  after  filing  with  the  Clerk  of  the 
Court  their  evidence  of  title  and  description  of  claim  as  re- 
quired by  this  chapter,  may  cause  an  examination  of  the  shaft 
sunk  by  them  or  other  work  done  by  them,  to  be  made  as 
aforesaid,  and  take  the  like  proceedings  for  the  confirmation  of 
their  titles,  with  the  same  effect ;  Provided,  This  section  shall 
not  apply  except  when  the  complainants  are  in  possession  of 
such  mine  or  mining  rights,  claiming  title  thereto. 

§  30.  By  reason  of  the  Indian  wars  and  unsettled  condi- 
tion of  the  country,  the  time  within  which  a  shaft  is  required 
to  be  sunk,  or  other  labor  performed  on  a  claim,  shall  not  com- 
mence until  two  years  from  the  day  this  act  takes  effect,  and 
all  the  provisions  of  this  chapter  relating  thereto  are  suspend- 
ed for  that  time,  but  any  claimant  may  sink  a  shaft  or  do  such 
other  labor,  and  at  any  time  after  the  record  of  their  claims 
with  the  Probate  Court,  and  thereupon  institute  proceedings 
to  confirm  their  titles,  and  be  entitled  to  all  the  rights  and 
privileges  provided  for  in  this  chapter. 

§  31.  No  single  person  or  company  shall  be  compelled  to 
sink  shafts  or  make  other  improvements  on  more  than  one  of 
the  tracts  of  land  claimed  by  him  or  them  for  the  same  vein  or 
mineral  deposit,  and  any  number  of  claimants  on  the 
same  vein  or  mineral  deposit,  who  may  unite  for  said  purpose^ 
shall  be  allowed  to  concentrate  labor,  capital,  and  energy,  to 
any  one  single  point,  which  to  him  or  them  shall  be  best  suited 
to  ascertain  to  the  best  advantage  the  general  character,  qual- 
ity and  capacity  of  that  particular  vein  or  mineral  deposit,  and 
may  take  the  like  proceedings  to  confirm  their  titles. 

§  32.  After  the  work  required  by  section  28  of  this  chap- 
ter has  been  performed,  and  the  record  thereof  made.as  there- 
in provided,  two  years  shall  be  allowed  the  claimants  of  min- 
eral lands  to  develope  the  same,  and  procure  machinery  and 
provide  for  working  the  same,  and  during  that  time  the  same 
shall  not  be  considered  abandoned  although  no  work  be  done 
thereon ;  Provided,  That  in  such  event  they  shall  annually, 
and  before  the  first  day  of  June  in  each  year,  file  with  the 


MINING  LAW. 

Clerk  of  the  Probate  Court  an  affidavit  signed  by  them  that 
they  have  not  abandoned  such  claims  but  intend  in  good  faith 
to  work  them ;  and  said  term  of  two  years  shall  not  commence 
until  the  first  day  of  January,  A.  D.  1868.  And  after  the  ex- 
piration of  said  term  of  two  years,  it  shall  be  obligatory  upon 
claimants  to  such  mineral  lands  to  hold  actual  possession  of 
them,  and  work  the  vein,  which  obligation  shall  be  considered 
as  complied  with  by  doing  at  least  thirty  days  work  thereon 
in  each  year ;  but  if  such  claimants  are  prevented  from  work- 
ing such  vein  by  the  hostility  of  Indians  or  other  good  cause, 
rendering  said  working  difficult  or  dangerous,  they  may  by 
authority  of  the  Judge  of  Probate  first  obtained  be  relieved 
from  performing  labor  thereon  from  time  to  time,  but  for  not 
more  than  one  year  at  any  one  time,  during1  the  continuance 
of  such  cause. 

§  33.  Any  person  who  may  discover  a  mineral  vein  or  de- 
posit as  aforesaid,  which  is  not  included  within  a  mining  dis- 
trict, or  which  may  be  in  a  mining  district  in  which  there  is  no 
legally  authorized  Recorder,  may  acquire  title  thereto,  and  to 
auxiliary  lands,  by  giving  notice  as  aforesaid,  and  recording 
the  same  with  the  Clerk  of  the  Probate  Court  of  the  County  in 
which  the  same  is  situated,  and  may  take  the  same  proceed- 
ings with  the  like  effect  with  the  Clerk  of  the  Probate  Court 
that  are  required  to  be  taken  with  the  Recorder  of  a  mining 
district. 

§  34.  Discoverers  of  mines  on  lands  in  the  legal  owner- 
ship or  possession  of  others,  and  not  public  lands,  before  do- 
ing the  work  of  sinking  the  shaft  required  by  section  28  of 
this  chapter  shall  pay  to  such  parties  such  compensation  for 
the  use  of  the  same  as  may  be  awarded  by  the  Judge  of 
Probate,  upon  complaint  of  either  party,  or  shall  give  bond  to 
such  parties  for  payment  of  the  same ,  and  sureties  to  be  ap- 
proved by  said  Judge,  and  whenever  it  becomes  necessary  or 
advantageous  to  construct  tunnels  for  the  purpose  of  drainage, 
ventillation,  or  the  better  hauling  of  ores  or  other  subterrane- 
ous products  or  mining  materials,  it  shall  be  lawful  for  any 
party  or  parties  to  construct  such  tunnel  or  drift  through  all 
private  and  public  property ;  Provided,  That  all  damages 
arising  from  such  subterranean  works  to  the  other  parties, 
to  be  determined  as  provided  a,bove,  shall  De  paid  by  the  par- 


MINING  LAW.  15 

ties  for  whose  benefit  such  tunnelling  is  done,  to  be  paid  be- 
fore said  work  is  commenced,  or  security  given  to  the  satis- 
faction of  the  Jir.lge  of  Probate  for  payment  of  the  same; 
but  no  damages  shail  be  paid  on  pubi'ic  lands  when  claims 
for  such  lands  shall  be  set  up  after  such  tunnel  fchall  have 
been  projected  or  aciuHyin  process  of  construction;  Pro- 
vided, That  the  lapse  of  lime  b-  ween  piojection  and  actual 
work  shall  not  exceed  ninetj  davs,  and  that  the  tunnelling 
parties  give  timely  notice  of  their  project  to  any  new  claim- 
ant of  the  so  affected  ground. 

§  35.  Whenever  such  tunnel  as  mentioned  in  the  preced- 
ing section  shall  intersect  or  traverse  mineral  deposits,  or  run 
along  Ldes  claimed  and  held  by  other  parties,  then  it  shall 
be  at  the  op  -iou  of  the  owners  of  such  other  mineral  deposits 
either  to  pay  on-  -'--lajf  of  the  expense  of  excavation  for  the 
distance  thai;  such  uior.el  runs  tiirough  their  mineral  deposits, 
and  secure  the  whole  of  the  ores  excavated,  or  to  divide  the 
ores  with  the  tunnelling  panies,  ihe  latter  paying  all  ex- 
penses of  excavation,  or  it  shall  be  optional  with  either  par- 
ty to  abandon  all  claim  to  the  ores  excavated. 

§  36.  If  in  the  construction  of  such  subterranean  works 
new  veins  or  deposits  are  encountered  in  ground  not  claimed 
or  owned  by  other  parties,  they  shall  become  the  property  of 
the  party  for  whom  such  tunnel  is  constructed,  and  shall  be 
denounced  and  registered  as  is  required  of  new  mines,  and 
shall  be  governed  by  the  same  laws  as  are  prescribed  in  this 
chapter. 

TITLE  THREE. 

OF    THE     ABANDONMENT    AND    RE-LOCATION    OF    MINES    AND    MINING 

EIGHTS. 

§  37.  Any  claimant  or  claimants  not  complying  with  any 
of  the  foregoing  coiid:Jjo.ns  and  obligations  shall  forfeit  all 
right  to  any  such  recorded  or  unrecorded  claims  to  mineral 
and  auxiliary  tracts,  and  it  shall  not  be  lawful  for  him  or 
them  to  register  such  claims  anew  within  a  period  of  three 
years  after  such  forfeiture.  All  such  tracts  shall  be  free  for 
working  and  registry  to  any  but  those  excepted  in  this 


10  MINING  LAW. 

§  SS,  All  veins  and  mineral  deposits  situated  on  public 
lands,  which  have  not  been  worked  and  occupied  from  the 
time  of  the  acquisition  of  the  Territory  by  the  United  States 
up  to  the|time  of  the  passage  of  thig  chapter,  except  as  here- 
in provided,  shall  be  considered  as  abandonecTand  subject  to 
registry  and^denouncement. 

§  39.  All  veins  and  mineral  deposits  that  have  been  or 
may  be  abandoned  hereafter,  shall  in  all  cases  and  respects 
be  governed  by  the  laws  regulating  the  opening  and  working 
of  new  veins  and  deposits,  as  prescribed  in  this  chapter. 

§  40.  Whenever  any  mine,  vein  or  mineral  deposit  shall 
have  been  abandoned  or  forfeited  in  accordance  with  the  pro- 
visions of  this  chapter,  and  registered  anew  by  other  parties, 
it  shall  be  obligatory  upon  such  parties  to  give  the  former 
owners  warning  thereof,  so  as  to  remove  from  the  tract  with- 
in the  space  of  three  months,  anything  he  or  they  may  claim 
valuable  or  useful.  Such  warning  shall  be  given  in  the  near- 
est newspaper,  published  in  the  Territory,  and  by  posting  it 
at  three  of  the  most  conspicuous  places  in  the  County  where 
the  mine  is  situated.  Three  months  after  the  expiration  of 
such  warning  any  and  all  buildings,  furnaces,  arrastras,  met- 
als, and  every  other  species  of  property  which  may  still  re- 
main on  the  ground  of  such  mine,  vein  or  mineral  deposit, 
shall  become  the  undisputed  property  of  the  new  claimantr 
without  compensation  of  any  kind  to  any  person  whatever. 

§  41.  Any  person  taking  pessession  of  or  entering  upon  a 
mining  claim  or  auxiliary  lands,  registered  according  to  the* 
provisions  of  this  chapter,  and  before  it  is  abandoned  shall 
be  ousted  therefrom  [in  a  summary  manner  by  the  ocder  of 
the  Probate  Judge,  and  the  malfeasor  shall  be  adjudged  to 
pay  all  damages  and  costs  consequent  thereon. 


TITLE  FOUR. 

OF   PROCEEDINGS   IN  LITIGATED   MINING    CASES. 

§  42.  All  the  proceedings  in  all  the  causes  relating  to 
mines  in  the  courts  of  this  Territory  shall  be  considered  equitable 
proceedings,  and  be  conducted  according  to  the  rules  of 
practice  prescribed  in  equity  cases/and  the  Judge  shall  hear 


MINING  LAW. 

and  determine  all  questions  on  their  merits  and  according  to 
the  equitable  rights  of  the  parties. 

§  43.  In  all  litigated  cases  relative  to  mines  the  Probate 
Judge  shall  take  the  testimony  or  cause  the  testimony  to  be 
taken  down  in  writing  by  the  Clerk,  or  by  a  Commissioner 
appointed  by  him  for  that  purpose,  and  certified  and  filed  by 
Mm  as  a  part  of  the  record  in  the  case,  and  whenever  a  wit- 
ness is  beyond  the  limits  of  the  Territory  his  testimony  may 
be  taken  in  like  manner  as  in  cases  pending  in  the  District 
Court. 

§  44.  An  appeal  shall  be  allowed  in  all  mining  cases 
from  the  judgment  or  deceee  of  the  Probate  Court  te  the 
District  Court,  if  taken  within  ten  days  after  said  judgment 
or  decree  the  appellant  first  giving  bond  with  two  sufficient 
securities  to  the  adverse  party  in  a  sum  sufficient  to  cover  all 
costs  and  damages,  in  the  discretion  of  the  Court,  conditioned 
that  he  will  prosecute  the  appeal  without  delay,  and  with  ef- 
fect, and  pay  all  damages  resulting  from  the  same ;  and  if 
the  appeal  is  taken  after  the  day  of  trial  and  final  judgment 
then  notice  thereof  shall  be  given  in  writing  to  the  adverse 
party,  and  on  or  before  the  first  day  of  the  term  of  the  Dis- 
trict Court  next  thereafter,  a  transcript  of  all  the  papers  and 
proceedings,  and  the  testimony,  and  approved  report  of  the 
Commissioners  taken  in  the  case,  shall  be  certified  by  the 
Clerk  and  filed  in  the  District  Court,  at  the  expense  of  the 
appellant,  and  the  cause  so  appealed  shall  be  tried  at  the 
next  term  thereafter,  if  taken  five  days  before  the  commence- 
ment of  said  term,  and  if  not  taken  within  that  time,  then  it 
shall  be  tried  at  the  next  succeeding  term. 

§  45.  All  cases  taken  by  appeal  to  the  district  Court  shall 
be  tried  on  their  merits,  on  the  record  and  testimony  as  certi- 
fied to  the  District  Court,  and  no  new  testimony  shall  be  in- 
troduced unless  it  is  shown  in  the  affidavit  of  the  party  ap- 
plying, to  the  satisfaction  of  the  Court,  that  new,  important 
or  material  testimony  has  been  discovered  since  the  trial  be- 
fore the  Probate  Court,  or  could  not  be  procured  in  season 
to  be  used  at  said  trial,  and  which  may  change  the  judgment 
in  the  cause,  and  in  that  event  said  new  testimony  shall  be 
taken  in  writing  by  the  Judge  or  Clerk  of  said  District  Court, 
cr  by  a  Commissioner,  and  become  part  of  the  record  in  the  case. 


18  MINING  LAW. 

§  46.  Writs  of  error  may  be  taken  out,  and  appeal* 
allowed  to  the  Supreme  Court,  in  all  mining  cases  brought  by 
appeal  or  certiorari  into  the  District  Court,  on  the  same  terms 
as  are  provided  for  by  writs  of  error  and  appeals  from  the 
District  Courts  to  the  Supreme  Court. 

§  47.  The  District  Courts  shall  exercise  a  superin- 
tending control  over  the  Probate  Courts  in  all  mining  cases 
by  writs  of  mandamus,  prohibition  and  injunction,  and  writ& 
of  certiorari  shall  issue  in  all  cases  to  correct  and  revise 
their  proceedings,  in  case  of  neglect  or  refusal  to  allow  an 
appeal  in  accordance  with  the  rules  of  practice  prescribed 
for  the  government  of  the  District  Courts. 

§  48.  The  Probate  Judge  in  all  litigated  mining  cases, 
when  local  knowledge  is  neeeesary,  may  at  his  own  option,  or 
at  the  request  of  either  party,  appoint  a  Commission  of  three 
persons  skilled  in  mining,  to  proceed  to  any  mine  or  mineral 
land  in  question  and  examine  the  question  in  litigation,  and 
make  a  report  in  writing  under  oath  of  all  the  facts  and  cir- 
cumstances bearing  upon  the  question  and  relevant  thereto, 
and  their  report  shall  be  rejected  or  approved  in  whole  or  in 
part  by  the  Probate  Judge,  and  if  said  report  shall  be  ap- 
proved it  shall  be  certified,  filed  and  made  a  part  of  the  rec- 
ord in  the  cause.  The  said  Commissioners  shall  receive  five- 
dollars  per  day  each  for  their  services  while  necessarily  en- 
gaged in  performing  the  duties  of  said  commission,  to  be 
taxed  as  costs  in  the  cause. 

§  49.  All  disputed  lines,  divisions  arid  demarcations  be- 
tween parties  claiming  mineral  veins,  deposits,  or  auxiliary 
lands,  shall  be  determined  by  the  Judge  of  the  Probate  Court 
in  a  summary  manner,  according  .to  the  provisions  of  this 
chapter,  and  when  he  may  judge  it  necessary,  or  is  requested 
by  either  .of  the  parties  litigant,  he  shall  appoint  a  commis- 
sion as  is  provided  in  the  forty-eighth  section  of  this  chapter, 
to  examine  and  report  upon  said  division  lines  or  boundaries, 
and  the  same  proceedings  shall  be  had  thereon  as  is  provided 
for  in  said  section. 

§  50.  Whenever  the  members  of  a  co-partnership  or  com- 
pany, or  tenants  in  common  of  mineral  lands,  cannot  agree 
as  to  the  working  or  management  of  the  veins  or  mineral  de- 
posits therein,  one  or  more  of  them  may  make  complaint  to 


MINING  LAW.  19 

the  Judge  of  Probate  of  the  County  in  which  said  lands  a  IT 
situated,  setting  forth  the  facts,  who  shall  thereupon  issue  a 
summons  to  the  other  members  of  said  co-partnership  or  com- 
pany, or  tenants  in  common  interested  therein,  or  cause  such 
other  notice  to  be  given  to  them  as  he  may  think  proper,  re- 
quiring them  to  make  answer  thereto,  and  if  upon  a  hearing 
on  such  complaint  the  Judge  is  of  opinion  that  the  claim  or 
claims  of  such  persons  are  susceptible  of  partition,  and  it  can 
be  equitably  made  between  them,  and  the  parties  cannot 
agree  among  themselves  on  making  such  partition,  he  shall 
appoint  a  commission  as  provided  in  section  48  of  this  chap- 
ter, whe  shall  go  upon  the  claims  of  such  partnership,  compa- 
ny or  tenants  in  common,  if  necessary,  and  segregate  their 
claims,  having  in  view  the  equities  of  the  case  and  the  cus- 
toms and  regulations  of  miners,  and  shall  make  report  in 
writing  to  the  Judge  of  Probate,  who  shall  make  his  decree 
in  accordance  with  said  report,  and  which  shall  be  conclu- 
sive between  the  parties  unless  an  appeal  be  taken  as  provided 
in  this  chapter.  Or  whenever  one  or  more  of  such  partners 
or  tenants  in  common  in  mineral  lands,  and  owning  not  less 
than  one-third  of  the  full  interest  of  such  partnership  on  ten- 
ancy therein,  shall  desire  to  work  their  mine,  and  the  other 
partners  or  tenants  after  reasonable  notice,  shall  neglect  or  re- 
fuse to  unite  in  such  working  they  may  make  complaint  to 
the  Judge  of  Probate  as  aforesaid,  and  he  shall  proceed  there- 
on as  before  provided  in  this  section,  and  if  upon  a  hear- 
ing of  such  complaint  it  appears  to  him  that  the  complainants 
are  able  to  work  said  mine,  and  that  there  is  no  good  reason 
why  the  same  should  not  be  worked,  he  shall 
make  a  decree  to  that  effect,  and  if  the  other  partners  do.  not 
appear  he  may  appoint  an  agent  and  receiver,  who  shall  pro- 
tect their  rights,  and  see  that  the  mine  is  properly  worked, 
and  shall  receive  their  proportion  of  the  profits,  but  such  part- 
ners or  tenants  in  common  so  authorized  to  work  as  aforesaid, 
shall  conduct  said  work  at  their  own  expense,  and  shall  not 
be  authorized  to  bind  such  other  persons  to  the  payment  of 
any  indebtedness  which  they  may  incur  in  that  behalf. 


20  MINING  LAW. 

TITLE  FIVE. 

OF    THE     TERRITORIAL    CLAIM,     AND     OF    ALLUVIAL     AND    DILUVIAL 

DEPOSITS. 

§  51.  It  shall  be  the  duty  of  persons  who  may  discover 
and  claim  mining  rights  or  mineral  lands,  at  the  same  time 
that  they  may  define  the  boundary  of  their  claim  or 
claims  to  any  lode  or  mine  as  required  by  the  provisions  of 
this  chapter  to  lay  off  and  define  the  boundaries  of  one  per- 
tenencia  as  required  by  the  provisions  of  this  chapter,  ad- 
joining their  claim  or  claims,  which  shall  be  the  property  of 
the  Territory  of  Arizona.  And  at  the  same  time  that  they 
present  their  notice  of  claim  or  claims  to  be  recorded  by  the 
Recorder  of  the  mining  district  they  shall  also  present  to  such 
Recorder  the  claim  of  said  Territory.  And  if  said  discover- 
ers and  claimants  shall  neglect  or  refuse  to  present  to  such 
Recorder  the  claim  of  said  Territory  as  aforesaid  they  shall 
forever  forfeit  all  claim  to  the  mine  or  ledge  so  discovered  by 
them.  Any  recording  officer  recording  the  claim  or  claims  of 
such  discoverers  and  claimants,  when  the  claim  of  said  Territory 
is  not  filed  therewith  as  aforesaid,  shall  be  subject  to  all  the 
penalties  provided  in  section  26  of  this  chapter.  Such  claim 
shall  be  recorded  as  provided  in  this  chapter  for  iike  claims, 
but  no  work  shall  be  required  to  be  done  thereon,  nor  shall  it 
be  considered  to  be  abandoned  so  long  as  it  is  the  property  of 
the  Territory.  And  if  sold,  the  time  within  which  the  pur- 
chaser shall  be  required  to  work  said  claim  shall  commence 
from  the  day  of  sale,  except  when  the  time  is  suspended  as 
before  provided.  Every  Clerk  of  the  Probate  Court  as  soon 
as  he  records  the  said  claim  shall  send  a  copy  of  his  record  to 
the  Treasurer  of  the  Territory,  and  no  fees  shall  be  charged 
by  any  recording  officer  in  any  matter  relating  to  said  claim. 
And  the  Territorial  Treasurer  may  at  any  time  after  six 
months  from  the  day  he  receives  such  record  as  aforesaid,  and 
at  such  time  and  pLftce  as  in  his  opinion  will  be  most  for  the 
interest  of  the  Territory,  cause  such  claim  to  be  sold  at  auc- 
tion to  the  highest  bidder,  but  every  such  sale  shall  be  at 
least  twice  advertised  in  the  Territorial  newspaper,  and  be 
held  at  his  office,  or  the  office  of  the  Clerk  of  the  Probate 
Court,  or  Recorder  of  the  mining  district  of  the  County  where 


MINING  LAW.  21 

the  claim  is  situated.  And  the  Treasurer  is  authorized  to 
make  a  deed  of  the  same  to  the  purchaser  in  the  name  of  the 
Territory.  And  the  amount  received  by  him  shall  be  added 
by  him  to  any  fund  now  or  hereafter  provided  for  the  protec- 
tion of  the  people  of  the  Territory  of  Arizona  against  hostile 
Indians,  and  be  expended  as  provided  by  law.  And  after  all 
expenses  as  are  incurred  by  the  Territorial  authorities  for  the 
purpose  of  destroying  or  bringing  into  subjection  all  hostile 
Indian  tribes  in  this  Territory  are  liquidated,  then  all  remain- 
ing or  accruing  funds,  out  of  all  or  any  sales  of  Territorial 
mining  claims,  shall  be  applied  as  a  sinking  fund  for  school 
purposes. 

§  52.  The  extraction  of  gold  from  alluvial  and  diluvial 
ieposits,  generally  termed  placer  mining,  shall  not  be  consid- 
ered mining  proper,  amd  shall  not  entitle  persons  occupied  in 
it  to  the  provisions  of  this  chapter,  nor  shall  any  previous  sec- 
tion of  this  chapter  be  so  construed  as  to  refer  to  the  extrac- 
tion of  gold  from  the  above  mentioned  deposits. 

§  53.  This  chapter  shall  be  in  force  and  take  effect  from 
and  after  the  1st  day  of  January,  A.  D.  1865. 


SiA  SUPPLEMENT  TO  THE  ARIZONA  MINER.  AND  FOI 
SALE  AT  THE  OFFICE  OF  THAT  PAPER  IN  PRESCOTT. 

PRICE  FIFTY  CENTS  PER  COPY. 


